Bandelier
Administrative History
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APPENDIX D: SELECTED LEGISLATION RELATING TO BANDELIER NATIONAL MONUMENT

7. Bandelier National Monument


Page
Establishment: Proclamation (No. 1322) of February 11, 1916 ......... 121
Enlarging the area: Proclamation (No. 1991) of February 25, 1932..... 123

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

[No. 1322—Feb. 11, 1916—39 Stat. 1764]

WHEREAS, certain prehistoric aboriginal ruins situated upon public lands of the United Stares, within the Santa Fe National Forest, in the State of New Mexico, are of unusual ethnologic, scientific, and educational interest. and it appears that the public interests would be promoted by reserving these relics of a vanished people, with as much land as may be necessary for the proper protection thereof, as a National Monument;

NOW, THEREFORE, I, Woodrow Wilson, President of the United States of America, by virtue of the power in me vested by section two of the Act of Congress approved June 8, 1906, entitled "An Act for the Preservation of American Antiquities", do proclaim that there are hereby reserved from appropriation and use of all kinds under all of the public land laws, subject to all prior valid adverse claims, and set apart as a National Monument, all the tracts of land, in the State of New Mexico, shown as the Bandelier National Monument on the diagram forming a part hereof.

The reservation made by this proclamation is not intended to prevent the use of the lands for forest purposes under the proclamation establishing the Santa Fe National Forest. The two reservations shall both be effective on the land withdrawn, but the National Monument hereby established shall be the dominant reservation, and any use of the land which interferes with its preservation or protection as a National Monument is hereby forbidden.

Warning is hereby given to all unauthorized persons not to appropriate, injure, remove, or destroy any feature of this National Monument, or to locate or settle on any of the lands reserved by this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL]

DONE at the City of Washington this eleventh day of February in the year of our Lord one thousand nine hundred and sixteen, and of the Independence of the United Stares the one hundred and fortieth.

WOODROW WILSON.

By the President:
     ROBERT LANSING,
          Secretary of State.



VIII. NATIONAL MONUMENTS—BANDELIER

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

[No. 1991—Feb. 25, 1932—47 Stat. 2503]

WHEREAS it appears desirable, in the public interest, to add to the Bandelier National Monument as established by proclamation of February 11, 1916 (39 Stat. 1764), certain lands of the United States within the Santa Fe National Forest, in the State of New Mexico, and to exclude said national monument as enlarged from the Santa Fe National Forest;

NOW, THEREFORE, I, Herbert Hoover, President of the United States of America, by virtue of the power in me vested by section 2, act of June 8, 1906 (34 Stat. 225; U. S. Code, title 16, sec. 431), and the act of June 4, 1897 (30 Stat. 11, 34; U. S. Code, title 16, sec. 473), do proclaim that the boundaries of the Bandelier National Monument be, and they are hereby, changed so as to include certain additional lands in T. 19 N., R. 7 E., New Mexico principal meridian, subject to all valid existing rights, and that the reservation as so enlarged is hereby excluded from the Santa Fe National Forest, the lands within the reservation as enlarged being described as follows :

NEW MEXICO PRINCIPAL MERIDIAN

T. 19 N., R. 7 E., south half of secs. 7, 8, and 9;
secs. 16 to 21 inclusive;
fractional secs. 28, 29, and 30;

All lands in unsurveyed Tps. 17 and 18 N., R. 6 E., lying north of the Canada de Cochiti Grant, south of the Ramon Vigil Grant, and west of the Rio Grande River.

Warning is hereby given to all unauthorized persons nor to appropriate, injure, remove, or destroy any feature of this national monument, nor to locate or settle on any of the lands reserved by this proclamation.

Nothing herein contained shall modify or abridge the right of the public to travel over any or all public roads now existing within or upon the lands herein described or roads subsequently constructed to take the place of such existing roads, nor shall public travel over said roads be subject to any restriction or condition other than those generally applicable to the use of public roads in the State of New Mexico.

The Director of the National Park Service, under the direction of the Secretary of the Interior, shall have the supervision, management, and control of this monument as provided in the act of Congress entitled "An act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535-536), and acts additional thereto or amendatory thereof.

IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL]

DONE at the City of Washington this 25th day of February, in the year of our Lord nineteen hundred and thirty-two, and of the Independence of the United States of America the one hundred and fifty-sixth.

HERBERT HOOVER.

By the President:
     HENRY L. STIMSON,
          Secretary of State.

early map of Bandelier NM
(click on image for an enlargement in a new window)



90 STAT. 2692 PUBLIC LAW 94-567—OCT. 20, 1976

Public Law 94-567
94th Congress

An Act

Oct. 20, 1976
[H.R. 13160]

To designate certain lands within units of the National Park System as wilderness; to revise the boundaries of certain of those units; and for other purposes.

Wilderness areas.
Designation.
16 USC 1132
note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with section 3(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132(c)), the following lands are hereby designated as wilderness, and shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act :

Bandelier
National
Monument,
N. Mex.

(a) Bandelier National Monument, New Mexico, wilderness comprising twenty-three thousand two hundred and sixty-seven acres, depicted on a map entitled "Wilderness Plan, Bandelier National Monument, New Mexico" numbered 315—20,014—B and dated May 1976, to be know as the Bandelier Wilderness.

Gunnison
National
Monument, Colo.

(b) Black Canyon of the Gunnison National Monument, Colorado, wilderness comprising eleven thousand one hundred and eighty acres, depicted on a map entitled "Wilderness Plan, Black Canyon of the Gunnison National Monument, Colorado" numbered 144-20,017 and dated May 1973, to be known as the Black Canyon of the Gunnison Wilderness.

Chiricahua
National
Monument, Ariz.

(c) Chiricahua National Monument, Arizona, wilderness comprising nine thousand four hundred and forty acres, and potential wilderness additions comprising two acres, depicted on a map entitled "Wilderness Plan, Chiricahua National Monument, Arizona", numbered 145-20,007—A and dated September 1973, to be known as the Chiricahua National Monument Wilderness.

Great Sand
Dunes
National
Monument,
Colo.

(d) Great Sand Dunes National Monument, Colorado, wilderness comprising thirty-three thousand four hundred and fifty acres, and potential wilderness additions comprising six hundred and seventy acres, depicted on a map entitled "Wilderness Plan, Great Sand Dunes National Monument, Colorado", numbered 140—20,006—C and dated February 1976, to be known as the Great Sand Dunes Wilderness.

Haleakala
National
Park, Hawaii.

(e) Haleakala National Park, Hawaii, wilderness comprising nineteen thousand two hundred and seventy acres, and potential wilderness additions comprising five thousand five hundred acres, depicted on a map entitled "Wilderness Plan, Haleakala National Park, Hawaii", numbered 162—20,006—A and dated July 1972, to be known as the Haleakala Wilderness.

Isle Royale
National
Park, Mich.

(f) Isle Royale National Park, Michigan, wilderness comprising one hundred and thirty-one thousand eight hundred and eighty acres, and potential wilderness additions comprising two hundred and thirty-one acres, depicted on a map entitled "Wilderness Plan, Isle Royale National Park, Michigan", numbered 139—20,004 and dated December 1974, to be known as the Isle Royale Wilderness.

Joshua Tree
National
Monument, Calif.

(g) Joshua Tree National Monument, California, wilderness comprising four hundred and twenty-nine thousand six hundred and ninety acres, and potential wilderness additions comprising thirty-seven thousand five hundred and fifty acres, depicted on a map entitled "Wilderness Plan, Joshua Tree National Monument, California", numbered 156—20,003—D and dated May 1976, to be known as the Joshua Tree Wilderness.

Mesa Verde
National Park,
Colo.

(h) Mesa Verde National Park, Colorado, wilderness comprising eight thousand one hundred acres, depicted on a map entitled "Wilderness Plan, Mesa Verde National Park, Colorado", numbered 307—20,007—A and dated September 1972, to be known as the Mesa Verde Wilderness.

Pinnacles
National
Monument, Calif.

(i) Pinnacles National Monument, California, wilderness comprising twelve thousand nine hundred and fifty-two acres, and potential additions comprising nine hundred and ninety acres, depicted on a map entitled "Wilderness Plan, Pinnacles National Monument, California", numbered 114—20,010—D and dated September 1975, to be known as the Pinnacles Wilderness.

Saguaro National
Monument, Ariz.

(j) Saguaro National Monument, Arizona, wilderness comprising seventy-one thousand four hundred acres, depicted on a map entitled "Wilderness Plan Saguaro National Monument, Arizona", numbered 151—20,003—D and dated May 1976, to be known as the Saguaro Wilderness.

Point Reyes
National
Seashore,
Calif.

(k) Point Reyes National Seashore, California, wilderness comprising twenty-five thousand three hundred and seventy acres, and potential wilderness additions comprising eight thousand and three acres, depicted on a map entitled "Wilderness Plan, Point Reyes National Seashore", numbered 612—90,000—B and dated September 1976, to be known as the Point Reyes Wilderness.

Badlands
National
Monument,
S. Dak.

(l) Badlands National Monument, South Dakota, wilderness comprising sixty-four thousand two hundred and fifty acres, depicted on a map entitled "Wilderness Plan, Badlands National Monument, South Dakota", numbered 137—29,010—B and dated May 1976, to be known as the Badlands Wilderness.

Shenandoah
National Park,
Va.

(m) Shenandoah National Park, Virginia, wilderness comprising seventy-nine thousand and nineteen acres, and potential wilderness additions comprising five hundred and sixty acres, depicted on a map entitled "Wilderness Plan, Shenandoah National Park, Virginia," numbered 134—90,001 and dated June 1975, to be known as the Shenandoah Wilderness.

Map and
description,
public inspection.

SEC. 2. A map and description of the boundaries of the areas designated in this Act shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, and in the office of the Superintendent of each area designated in the Act. As soon as practicable after this Act takes effect, maps of the wilderness areas and descriptions of their boundaries shall be filed with the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and such maps and descriptions shall have the same force and effect as if included in this Act: Provided, That correction of clerical and typographical errors in such maps and descriptions may be made.

Publication in
Federal Register.
16 USC 1131
note.

SEC. 3. All lands which represent potential wilderness additions, upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses thereon prohibited by the Wilderness Act have ceased, shall thereby be designated wilderness.

Boundary
revision.

SEC. 4. The boundaries of the following areas are hereby revised, and those lands depicted on the respective maps as wilderness or as potential wilderness addition are hereby so designated at such time and in such manner as provided for by this Act :

Isle Royale
National Park,
Mich.

(a) Isle Royale National Park, Michigan :

The Act of March 6, 1942 (56 Stat. 138; 16 U.S.C. 408e—408h), as amended, is further amended as follows :

(1) Insert the letter "(a)" before the second paragraph of the first section, redesignate subparagraphs (a), (b), and (c) of that paragraph as "(1)","(2)","(3)", respectively, and add to that section the following new paragraph :

"(b) Gull Islands, containing approximately six acres, located in section 19, township 68 north, range 31 west, in Keweenaw County, Michigan.".

16 USC 408g.

(2) Amend section 3 to read as follows:

"SEC. 3. The boundaries of the Isle Royale National Park are hereby extended to include any submerged lands within the territorial jurisdiction of the United States within four and one-half miles of the shoreline of Isle Royale and the surrounding islands, including Passage Island and the Gull Islands, and the Secretary of the Interior is hereby authorized, in his discretion, to acquire title by donation to any such lands not now owned by the United States, the title to be satisfactory to him.".

Pinnacles
National
Monument, Calif.

(b) Pinnacles National Monument, California :

(1) The boundary is hereby revised by adding the following described lands, totaling approximately one thousand seven hundred and seventeen and nine-tenths acres :

(a) Mount Diablo meridian, township 17 south, range 7 east: Section 1, east half east half, southwest quarter northeast quarter, and northwest quarter southeast quarter; section 12, east half northeast quarter, and northeast quarter southeast quarter; section 13, east half northeast quarter and northeast quarter southeast quarter.

(b) Township 16 south, range 7 east : Section 32, east half.

(c) Township 17 south, range 7 east: Section 4, west half; section 5, east half.

(d) Township 17 south, range 7 east : Section 6, southwest quarter southwest quarter; section 7, northwest quarter north half southwest quarter.

Publication in
Federal Register.

(2) The Secretary of the Interior may make minor revisions in the monument boundary from time to time by publication in the Federal Register of a map or other boundary description, but the total area within the monument may not exceed sixteen thousand five hundred acres : Provided, however, That lands designated as wilderness pursuant to this Act may not be excluded from the monument. The monument shall hereafter be administered in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented.

(3) In order to effectuate the purposes of this subsection, the Secretary of the Interior is authorized to acquire by donation, purchase, transfer from any other Federal agency or exchange, lands and interests therein within the area hereafter encompassed by the monument boundary, except that property owned by the State of California or any political subdivision thereof may be acquired only by donation.

Appropriation
authorization.

(4) There are authorized to be appropriated, in addition to such sums as may heretofore have been appropriated, not to exceed $955,000 for the acquisition of lands or interests in lands authorized by this subsection. No funds authorized to be appropriated pursuant to this Act shall be available prior to October 1, 1977.

Rincon
Wilderness Study
Area, suitability
review.
16 USC 1132
note.

Report to
President.
16 USC 1132.

SEC. 5. (a) The Secretary of Agriculture shall within two years after the date of enactment of this Act, review, as to its suitability or nonsuitability for preservation as wilderness, the area comprising approximate sixty-two thousand nine hundred and thirty acres located in the Coronado National Forest adjacent to Saguaro National Monument, Arizona, and identified on the map referred to in section 1(j) of this Act as the "Rincon Wilderness Study Area," and shall report his findings to the President. The Secretary of Agriculture shall conduct his review in accordance with the provisions of subsections 3(b) and 3(d) of the Wilderness Act, except that any reference in such subsections to areas in the national forests classified as "primitive" on the effective date of that Act shall be deemed to be a reference to the wilderness study area designated by this Act and except that the President shall advise the Congress of his recommendations with respect to this area within two years after the date of enactment of this Act.

Hearings, notice.

(b) The Secretary of Agriculture shall give at least sixty days' advance public notice of any hearing or other public meeting relating to the review provided for by this section.

Administration.

SEC. 6. The areas designated by this Act as wilderness shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the elective date of this Act, and, where appropriate, any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior.

16 USC 459c-6.

SEC. 7. (a) Section 6(a) of the Act of September 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 459c-6a) is amended by inserting "without impairment of its natural values, in a manner which provides for such recreational, educational, historic preservation, interpretation, and scientific research opportunities as are consistent with, based upon, and supportive of the maximum protection, restoration and preservation of the natural environment with the area" immediately after "shall be administered by the Secretary".

16 USC 459c-7.

(b) Add the following new section 7 and redesignate the existing section 7 as section 8:

The Clem Miller
Environmental
Education Center,
designation.
16 USC 459c-6a.

"SEC. 7. The Secretary shall designate the principal environmental education center within the Seashore as 'The Clem Miller Environmental Education Center' in commemoration of the vision and leadership which the late Representative Clem Miller gave to the creation and protection of Point Reyes National Seashore.".

Whiskey
Mountain Area,
classification as a
primitive area.

SEC. 8. Notwithstanding any other provision of law, any designation of the lands in the Shoshone National Forest, Wyoming, known as the Whiskey Mountain Area, comprising approximately six thousand four hundred and ninety-seven acres and depicted as the "Whiskey Mountain Area—Glacier Primitive Area" on a map entitled "Proposed Glacier Wilderness and Glacier Primitive Area", dated September 23, 1976, on file in the Office of the Chief, Forest Service, Department of Agriculture, shall be classified as a primitive area until the Secretary of Agriculture or his designee determines otherwise pursuant to classification procedures for national forest primitive areas. Provisions of any other Act designating the Fitspatrick Wilderness.



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Last Updated: 28-Aug-2006